You can't prove you were hurt on the job without evidence, and sometimes the best evidence is the eyewitness testimony of a co-worker. A co-worker can testify that he saw you fall and hurt yourself. She might testify that she overheard you tell the supervisor about the accident and injury, satisfying the 30 day notice to the employer requirement. Or he may testify that you were working fine, lifting 100 lb. bags all throughout the day for years leading up to the day you blew out your back and got a herniated disc.
For this reason, employers often will be motivated to either imply or threaten co-employees who may cooperate with your pursuit of a workers compensation claim. The good news is that you can assure co-employees that their testimony in a workers compensation matter, such as testifying live at a hearing, writing a witness statement, or giving a deposition all can be protected from retaliatory action by the employer.
Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED. A person may not discharge or in any other manner discriminate against an employee because the employee has:
(1) filed a workers' compensation claim in good faith;
(2) hired a lawyer to represent the employee in a claim;
(3) instituted or caused to be instituted in good faith a proceeding under Subtitle A; or
(4) testified or is about to testify in a proceeding under Subtitle A.
Subtitle A is just a reference to the Texas Workers Compensation Act that governs workers compensation claims in the state. As is plain from the text, this prohibits an employer from retaliating against someone who testified or is about to testify in a workers compensation matter.
Comments